Families of humidifier sterilizer victims lose suit

By Lee Kyung-min

A district court ruled Thursday that the government does not have to compensate the families of pregnant women who died of acute lung failure in 2011 after using hazardous humidifier sterilizers.

The families of six victims initially filed a compensation suit against the government, as well as three makers of the sterilizers ― Oxy Reckitt Benckiser, Hanvit Chemical and Cefu.

Last August, the six received compensation from the three companies, and agreed to drop the suits.

Of the six, two dropped the suit against the government, but the remaining four did not.

Seoul Central District Court ruled that the government was not negligent in regulating such products.

The ruling is likely to affect separate liability suits filed by the families of more than 100 victims.

The amount of compensation offered to the six families was not open to public, but one company reportedly offered 250 million won ($228,000).

Ruling against the four victims’ families, the court said the harmful substance was not subject to government approval.

“Industrial products are subject to their own safety management standards and thus the government could not have foreseen the detrimental effect entailed thereafter,” the judge said.

“Although some government reports found that harmful substances such as PHMG and PGH are known to cause death, the autopsy report found no such substances in the victims’ systems. Even if the victims’ deaths were caused by other harmful substances from the sterilizers, the government could not have foreseen the risk, either.”

Humidifier sterilizers are liquid or tablet-type chemical products put in humidifier tanks to prevent germs or mould.

In May 2011, several pregnant women at a Seoul hospital suffered from acute lung failure, and four died soon after.

Four months later, Centers for Disease Control and Prevention (CDCP) report confirmed a possible link between the deaths and two ingredients in anti-bacterial agents, such as PHMG and PGH.

Civic groups, including the Green Consumer Network (GCN), formed a special committee in a move toward filing a class action suit against the companies and the government.

In December 2013, the Ministry of Environment amended a related law recognizing deaths caused by anti-bacterial agents were liable for government compensation.